Speech at a private seat and insult of superior officers under Article 64 of the Military Criminal Act;

The offense of insult of a superior is also established in a case where a person makes a speech in the presence of his superior, as well as an insult by a statement in the line of duty on the official spot, even if he is made in the presence of his superior.

Article 64 of the Military Criminal Act

Second Instance Defendant

Seoul High Court Decision 67 High Military Branch Decision 234 delivered on June 30, 1967, which held that the Army, High Military Branch, and High Military Court Decision 21Da234 delivered on June 30, 196

The appeal is dismissed.

We examine the Defendant’s and defense counsel’s grounds of appeal:

The offense of insult of a superior under Article 64 of the Military Criminal Act shall be interpreted not only to be insulting by a statement in the line of duty, but also to be constituted in the face of his superior even if he speaks in the presence of his superior. As such, it is reasonable to discuss the opposite opinion above. In addition, there are circumstances such as the theory of lawsuit, and even if the circumstances of the crime are the same as the theory of lawsuit, the case in which the sentence of suspension of sentence is imposed on the defendant cannot be a legitimate ground for appeal.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong